Law360, New York (June 22, 2011, 4:25 PM ET) -- Companies increasingly are using social media sites, such as Facebook, to launch innovative marketing campaigns. However, a recent decision from a California District Court, indicates that such campaigns might be considered advertising that is subject to the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (CAN-SPAM Act).[1] While such campaigns can still go forward, companies should consider carefully whether they are subject to, and meeting the requirements of, the CAN-SPAM Act.
Facebook v. MaxBounty
In Facebook Inc. v. MaxBounty Inc.,[2] Facebook claimed that...
Applying The CAN-SPAM Act To Social Networking Sites
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